Groups Back State Action Against Negligent Doctors

FORT LAUDERDALE -- Representatives from the legal and medical communities said on Wednesday they would support expanding the state`s powers to help crack down on negligent physicians.

That was all they agreed upon at a 2 1/2-hour meeting before the Broward Legislative Delegation. On other medical malpractice issues, the two groups found they had little in common.

The afternoon session at the Broward Governmental Center was called to discuss possible solutions to Broward`s medical malpractice insurance crisis.

``We`re here today to explore solutions in anticipation of a special (legislative) session,`` said state Rep. Jack Tobin, D-Margate, delegation chairman. ``Many of the folks involved in this problem have been talking at each other instead of talking to each other.``

Delegation members informally agreed to urge Gov. Bob Martinez to call a special session on the issue as soon as possible.

Because of high absenteeism at the meeting, a telephone poll of members will be made to see if a majority would support sending such a letter.

A representative of the state Department of Insurance also spoke before the delegation, but absent was a member of the private insurance industry, a frequent target during the discussion.

``It`s a crisis that has been contrived mainly by the insurance companies,`` said Ray Ferrero Jr., a Broward attorney and president of the Florida Bar Association. ``Every time we have a crisis it`s always because the insurance companies are losing money. It`s a managed crisis. There`s no question in my mind.``

Dr. Richard Ott, representing the Broward County Medical Association, said his organization supports a proposal by Sen. Dempsey Barron, D-Panama City, that would put a limit on ``pain and suffering`` and eliminate jury trials in malpractice lawsuits.

Instead of having a jury trial in medical malpractice suits, a judge would hear cases that could not be settled with insurance carriers.

Ott and Ferrero said they support state Insurance Commissioner Bill Gunter`s proposal to expand the authority of the Department of Regulation. The agency would aggressively police the medical profession and investigate all complaints against physicians.

A result of skyrocketing insurance premiums has left Broward with only seven of 19 hospital emergency rooms treating life-threatening emergencies, Ott said.

``The system is fragile, precarious and can easily break down again,`` Ott said. ``Ultimately, what the physicians of Florida want to see is a system that is fair.``

Ferrero agreed with Ott that a mediation panel should be established to weed out false malpractice claims, but said the jury system should remain intact.